The Present Law Of Abuse Of Legal Procedure Classic Reprint

Excerpt from The Present Law of Abuse of Legal Procedure This book is supplementary to the author's History of Conspiracy and Abuse of Legal Procedure published this year by the Cambridge University Press in the series entitled Cambridge Studies in English Legal History. As was pointed out in the Preface to that book, the scope of the series made it necessary to split into two books what was originally intended to be one volume. In general, the line of cleavage between the history and the present law was tolerably well marked, but in Embracery, Misconduct of Jurors, and Frivolous Arrests, it was so blurred as to make separation impracticable. The present law relating to these topics w therefore be found in Chapters VII and VIII of the History of Co zracy and Abuse of Legal Procedure. The law relating to Perjury is so easily accessible in the text books ou Criminal Law, and Contempt of Court has been so thoroughly explored by Mr Oswald, that the inclusion of them in this book would have added nothing to it except bulk. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from The Present Law of Abuse of Legal Procedure This book is supplementary to the author's History of Conspiracy and Abuse of Legal Procedure published this year by the Cambridge University Press in the series entitled Cambridge Studies in English Legal History. As was pointed out in the Preface to that book, the scope of the series made it necessary to split into two books what was originally intended to be one volume. In general, the line of cleavage between the history and the present law was tolerably well-marked, but in Embracery, Misconduct of Jurors, and Frivolous Arrests, it was so blurred as to make separation impracticable. The present law relating to these topics will therefore be found in Chapters VII and VIII of the History of Conspiracy and Abuse of Legal Procedure. The law relating to Perjury is so easily accessible in the textbooks on Criminal Law, and Contempt of Court has been so thoroughly explored by Mr Oswald, that the inclusion of them in this book would have added nothing to it except bulk. The time will come when the law reformer will lay his hand upon abuse of legal procedure, and the author would respectfully suggest that a little extension of the law of Conspiracy would suffice to cover all the ground occupied by Embracery, Common Barratry, and (at least on their criminal side) Maintenance and Champerty. Indeed, it would be merely harking back to the original idea of Conspiracy, which at its birth was implicated almost exclusively with abuse of legal procedure; and it would also be in keeping with the modern tendency to widen the law of Conspiracy. Reform would thus take the line of least resistance with respect both to the past and to the present, and the happy despatch would be given to some cataleptic parts of the law, whose very names are unfamiliar to many practitioners. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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Excerpt from The History of Conspiracy and Abuse of Legal Procedure It is hoped, then, that the Cambridge Studies in English Legal History, by making some contribution to the knowledge of the history of English law as a world-wide and not merely as an insular system, may be an agency in the fulfilment of the several functions of legal history. Fortunate it is that there are already in progress other series of publications of texts and of essays which have as their purpose the encouragement of the study and the advancement of the knowledge of English legal history. The series inaugurated by the publication of the present volume will not conflict with the valuable work of the Selden Society nor with that of other societies and scholars. On the contrary, the aim is to supplement the work that is being done by other agencies. Any success which this series of Cambridge Studies in English Legal History may have in making its own special contribution to learning must be due to the scholarly labours of the writers of monographs and the editors of texts. From scholars who value the studies to which this series is devoted and who em visage the useful functions which such studies should serve may there come, therefore, both guidance and co-operation. Only by these means can the high standard set by Dr Winfield in this first volume Of the series be maintained. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from American Law and Procedure About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from Cases on Procedure Annotated: Common Law Pleading The purposes to be served have determined the scheme of treatment. Forms of action are not primarily instru ments of pleadings but categories of rights. Whether trover or trespass lies in a given case is a question of tort law, not of pleading. Whether one may sue in special or gen eral assumpsit is chiefly a matter of contract law. But the rights have developed through the use of the remedies, so that a study of these forms of action is quite necessary to a clear appreciation not only of the history but of the present status of the law of rights. Forms of action would therefore seem to have a proper place in a study of com mon law pleading, and the editor has given them a careful, though not an exhaustive, presentation. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from Cases on Civil Procedure: Selected and Annotated The purpose of this volume is to point out through selected cases, the principal problems of civil procedure, to explain how they were approached at common law and to indicate how they are com mouly dealt with in modern courts. Such a course it is believed will not only prepare the student for the more intelligent study of the procedure of the state in which he expects to practice, but will also assist him in those branches of substantive law that are rooted in procedure. It is hoped, too, that in schools where the local practice alone is taught and in the ofiice, preceptor and student may find here material useful for comparative study. Indeed, as the practice of the law tends in this country to extend beyond state boundaries, it becomes increasingly dangerous to restrict one's information to the methods of a single locality. While one can hardly expect to become expert in the daily routine of courts other than those in which his life's work is centered, a broad comprehensive view of the more im portant points upon which a diversity of practice may be anticipated is an equipment not to be despised. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from Cases and Other Authorities on Legal Ethics Contracts. Corporations. Constitutional Law. Criminal Law. Criminal Procedure. Common - Law Pleading. Conflict of Laws. Code Pleading. Damages. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.